[2002] KECA 221 (KLR)
The Court of Appeal exercised its discretion to grant an adjournment after considering the applicant's counsel's bereavement and the respondent's lack of objection. The court determined that the circumstances justified standing over the matter to a later date to be fixed at the registry. The court further ordered...
Source-derived case information.
- Citation
- [2002] KECA 221 (KLR)
- Parties
- Applicant: United Insurance Co. Ltd; Respondent: Lawrence Musyoka Wambua t/a LM Wambua & Co. Advocates
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 450 of 2001
- Procedural Posture
- Civil Application / Application for Injunction Pending Intended Appeal
- Outcome
- Application for adjournment granted; matter stood over to a date to be taken at the Registry; costs in the application.
- Judges
- E Owuor
- Legal Topics
- Injunction Pending Appeal, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Insurance Co. Ltd
Applicant
Lawrence Musyoka Wambua t/a LM Wambua & Co. Advocates
Respondent
Procedural Posture
Civil Application / Application for Injunction Pending Intended Appeal
Legal Issues
- 1 Whether the application for adjournment should be granted due to the bereavement of the applicant's counsel.
- 2 Whether costs for the day should be awarded and to whom.
Ratio Decidendi
The Court of Appeal exercised its discretion to grant an adjournment after considering the applicant's counsel's bereavement and the respondent's lack of objection. The court determined that the circumstances justified standing over the matter to a later date to be fixed at the registry. The court further ordered that the costs for the day would be in the application, thereby not penalizing either party for the adjournment. The decision was based on principles of fairness, the need to accommodate genuine personal emergencies affecting counsel, and the absence of prejudice to the respondent.
Court Disposition
Application for adjournment granted; matter stood over to a date to be taken at the Registry; costs in the application.
Orders
- The matter is stood over to a date to be taken at the Registry.
- Today's costs shall be in the application.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, LAKHA & OWUOR, JJ.A)
CIVIL APPLICATION NO. NAI. 450 OF 2001 (UR.239/2001)
BETWEEN
UNITED INSURANCE CO. LTD .............................................................................................APPLICANT
AND
LAWRENCE MUSYOKA WAMBUAt/a LM WAMBUA & CO. ADVOCATES ............RESPONDENT
(Application for an injunction pending the lodging,
hearing and determination of an intended appeal from
the Ruling and Order of the High Court of Kenya at
Nairobi (Mr. Justice Visram) dated 26th September,
2001
in
H.C.C.C NO. 1427 OF 2000)
***************
ORDER OF THE COURT
Mr. Bonyo holding brief for Mr. Makoloo requests for an adjournment on the ground that Mr. Makoloo is bereaved. Mr. Kiukumi not objecting, we shall grant the application. This matter is hereby stood over to a date to be taken at the Registry. Today's costs shall be in the application.
Made at Nairobi this 17th day of January, 2002.
R.S.C OMOLO
................................
JUDGE OF APPEAL
A.A. LAKHA
.................................
JUDGE OF APPEAL
E. OWUOR
.....................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR